IB
Union Calendar No. 399
111th CONGRESS
2d Session
H. R. 233
[Report No. 111–669, Part I]
IN THE HOUSE OF REPRESENTATIVES
January 7, 2009
Ms. Baldwin (for herself, Mr. Pomeroy, Mr. Alexander, and Mr. Walz) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
November 30, 2010
Reported from the Committee on the Judiciary with an amendment
Strike out all after the enacting clause and insert the part printed in italic
November 30, 2010
Additional sponsors: Ms. Herseth Sandlin, Mr. Kind, Mr. Berry, Ms. Jackson Lee of Texas, Mr. Ross, Mr. Ellison, Mr. Fleming, Mr. Snyder, Mr. Perlmutter, Mr. Peterson, Mr. Doggett, Ms. Giffords, Mr. Kagen, Mr. Melancon, Mr. Johnson of Georgia, Ms. Bean, Mr. Boustany, and Ms. Moore of Wisconsin
November 30, 2010
Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
For text of introduced bill, see copy of bill as introduced on January 7, 2009
A BILL
To amend the Federal antitrust laws to provide expanded coverage and to eliminate exemptions from such laws that are contrary to the public interest with respect to railroads.
Short title
This Act may be cited as the
Railroad Antitrust Enforcement Act of
2009
.
Application of the antitrust laws to rail carriers
Mergers and acquisitions
The last undesignated paragraph of section 7 of the
Clayton Act (15 U.S.C. 18) is amended by inserting (excluding
transactions involving a rail carrier as defined in section 10102 of title 49
of the United States Code)
after Surface Transportation
Board
.
Vesting of authority in antitrust agencies
Section 11(a) of the Clayton Act (15 U.S.C.
21(a)) is amended by inserting (excluding a rail carrier as defined in
section 10102 of such title)
after Code
.
Injunctions
The
proviso in section 16 of the Clayton Act (15 U.S.C. 26) is amended by inserting
, except against a rail carrier (as defined in section 10102 of such
title)
after Code
.
Federal Trade Commission authority
Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by adding at the end the following:
For purposes
of this paragraph with respect to unfair methods of competition, the term
common carriers
excludes a rail carrier as defined in section
10102 of title 49 of the United States
Code.
.
Termination of antitrust exemptions in title 49
In general
Section 10706 of title 49, United States Code, is amended—
in subsection (a)—
beginning in the 3d
sentence of paragraph (2)(A) by striking , and the Sherman Act (15
U.S.C. 1, et seq.),
and all that follows through However,
the
and inserting . The
,
in paragraph (3)(B)—
by striking
(i)
, and
by striking clause (ii),
in paragraph (4)—
by striking the 2d sentence, and
in the 3d sentence by
striking However, the
and inserting The
,
and
in paragraph (5)(A) by
striking , and the antitrust laws set forth in paragraph (2) of this
subsection do not apply to parties and other persons with respect to making or
carrying out the agreement
,
in subsection (d) by striking the last sentence, and
by striking subsection (e) and inserting the following:
Nothing in this section exempts an agreement approved, or submitted for approval, under subsection (a) from the application of the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act, but including section 5 of the Federal Trade Commission Act to the extent such section 5 applies to unfair methods of competition).
In reviewing any agreement submitted for approval under subsection (a), the Board shall take into account, among any other considerations, the impact of such agreement on shippers, consumers, and affected communities. The Board shall make findings regarding such impact, which shall be—
made part of the administrative record;
submitted to any other reviewing agency for consideration in making its determination; and
available in any judicial review of the Board’s decision regarding such agreement.
.
Combinations
Section 11321 of title 49, United States Code, is amended—
in subsection (a)—
by striking The
authority
and inserting Subject to subsection (c), the
authority
, and
in the 3d sentence by
striking is exempt from the antitrust laws and from all other
law,
and inserting is exempt from all other law (except the laws
referred to in subsection (c)),
, and
by adding at the end the following:
Nothing in this subchapter exempts a transaction described in subsection (a) from the application of the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act, but including section 5 of the Federal Trade Commission Act to the extent such section 5 applies to unfair methods of competition). The preceding sentence shall not apply to any transaction relating to the pooling of railroad cars approved by the Surface Transportation Board or its predecessor agency pursuant to section 11322.
In reviewing any transaction described in subsection (a), the Board shall take into account, among any other considerations, the impact of the transaction on shippers and affected communities.
.
Conforming amendments
Heading
The
heading for section 10706 of title 49, United States Code, is amended to read
as follows: Rate
agreements
.
Analysis of sections
The analysis of sections of chapter 107 of such title is amended by striking the item relating to section 10706 and insert the following:
10706. Rate agreements.
.
Clarifications regarding applicability of regulatory doctrines
Filed rate doctrine
The antitrust laws shall apply to a rail carrier (as defined in section 10102 of title 49 of the United States Code), without regard to whether such rail carrier filed a rate or whether a complaint challenging a rate is filed.
Doctrine of primary jurisdiction
In any civil action under the antitrust laws against a rail carrier (as defined in section 10102 of title 49 of the United States Code), the district court shall retain the discretion to defer to the jurisdiction of the Surface Transportation Board.
Definition
For purposes of subsections (a) and (b),
the term antitrust laws
has the meaning given it in subsection
(a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), but includes
section 5 of the Federal Trade Commission Act to the extent such section 5
applies to unfair methods of competition.
Effective date
In general
Except as provided in subsections (b) and (c), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.
Limitation
No civil action under the antitrust laws may be filed with respect to any conduct or activity, including any agreement or provision thereof, that—
concluded or terminated before the expiration of the 180-day period beginning on the date of the enactment of this Act, and
was exempted by statute from the antitrust laws as the result of an order of the Interstate Commerce Commission or the Surface Transportation Board issued before the date of the enactment of this Act.
Exclusion
No civil action under the antitrust laws may be filed for the purpose of dissolving or otherwise undoing any merger, acquisition, or transfer of control consummated before the date of the enactment of this Act that was exempted by statute from the antitrust laws as the result of an order described in subsection (b)(2).
Definition
For
purposes of subsections (b) and (c), the term antitrust laws
has
the meaning given it in subsection (a) of the 1st section of the Clayton Act
(15 U.S.C. 12(a)), but includes section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) to the extent such section 5 applies to unfair methods of
competition.
November 30, 2010
Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed